The DMV administrative hearing under Vehicle Code 13558 is your opportunity to challenge a DUI license suspension before it takes effect, and it is a separate fight from the criminal case. I am Joel Brand, and here is what the hearing is, how to demand it, and how I win it.
The text of the law
Vehicle Code 13558. (a) Any person, who has received a notice of an order of suspension or revocation of the person's privilege to operate a motor vehicle pursuant to Section 13353, 13353.1, 13353.2, 13388, 23612, or 13382 or a notice pursuant to Section 13557, may request a hearing on the matter pursuant to Article 3 (commencing with Section 14100) of Chapter 3, except as otherwise provided in this section. (b) If the person wishes to have a hearing before the effective date of the order of suspension or revocation, the request for a hearing shall be made within 10 days of the receipt of the notice of the order of suspension or revocation. The hearing shall be held at a place designated by the department as close as practicable to the place where the arrest occurred, unless the parties agree to a different location. Any evidence at the hearing shall not be limited to the evidence presented at an administrative review pursuant to Section 13557.
What the hearing is
The DMV administrative hearing is the formal proceeding where you contest the department's decision to suspend or revoke your license after a DUI arrest, whether that suspension is an administrative per se suspension for the alcohol level or a refusal suspension. It is not part of the criminal case; it is a separate administrative track with its own rules and its own hearing officer. The statute above is what gives you the right to demand it.
The 10-day deadline
The most important sentence in the statute is subdivision (b): the request must be made within 10 days of receiving the notice. That notice is usually the pink temporary license the officer hands you at the arrest. Request the hearing within those 10 days and the suspension is stayed until the hearing is decided, so you keep driving in the meantime. Miss the deadline and the suspension takes effect automatically, with no hearing at all. This deadline is the single most time-sensitive thing in a DUI, and acting on it immediately is the first thing I do for a client.
What I can do at the hearing
The statute also makes clear, at the end of subdivision (b), that the evidence at the hearing is not limited to what the DMV reviewed on paper. That is significant: it means I can subpoena and cross-examine the arresting officer, subpoena the records of the chemical testing, introduce expert testimony, and present my own evidence. The hearing is a genuine adversarial proceeding, not a rubber stamp, and treating it as a real evidentiary contest is how cases are won there.
What the DMV has to prove
The department's burden is narrow, which is exactly where the defense operates. For an alcohol-level suspension, the DMV must show the officer had reasonable cause to believe you were driving under the influence, that you were lawfully arrested, and that your blood-alcohol concentration was at or above the legal limit. For a refusal, it must show reasonable cause, a lawful arrest, a proper admonition, and an actual refusal. Each element is a target, and a failure of proof on any one of them can set the suspension aside.
How I win these hearings
I attack the elements with evidence. I challenge the lawfulness of the stop and the arrest, the reliability and timing of the chemical test, the calibration and maintenance of the breath instrument, and the adequacy of the observation period. I subpoena the officer and cross-examine on the details of the stop and the testing, and I subpoena the maintenance and calibration logs for the machine. Because the standard is technical and the records often contain gaps or errors, a thorough, document-driven approach frequently produces the proof needed to defeat the suspension.
Why the hearing helps the criminal case too
The administrative hearing has a valuable secondary benefit: it is an early opportunity to put the arresting officer under oath and lock in their testimony, and to obtain the chemical-testing records, long before the criminal trial. Whatever the officer says at the hearing can be used to test their account later, and inconsistencies between the hearing testimony and the police report are powerful material for the court case. I use the hearing both to save the license and to develop and sharpen the defense for the criminal matter.
If the suspension is upheld
Even where the suspension stands, the work is not over. Depending on the circumstances, a restricted license, often conditioned on an ignition interlock device, may be available so you can keep driving to work and to your DUI program. I move quickly to secure that relief where the suspension cannot be entirely defeated, so the practical disruption to your life is kept to a minimum.
In person, by phone, and the hearing officer
One thing that surprises people is who runs the hearing. The DMV hearing officer is a department employee, not a neutral judge, and serves as both the advocate presenting the department's case and the decision-maker. That structure is exactly why preparation and a document-driven approach matter so much: the burden may be the department's, but the proceeding is not designed to be friendly to the licensee. Hearings can be conducted in person or, in many cases, by telephone, and the choice can affect how effectively the officer is cross-examined and how exhibits are handled. I weigh that decision case by case and prepare the subpoenas, the records requests, and the cross-examination so the hearing is contested on the strongest possible footing rather than treated as a formality.
How it fits the larger defense
The administrative hearing is the DMV side of a DUI, and the stop, arrest, and chemical issues raised there overlap directly with the criminal defense. It connects closely to the administrative per se suspension and the refusal suspension. See my top DUI defenses and the defenses guide.
Need to protect your license after a DUI? Let's talk.
The 10-day clock is already running, and demanding the hearing in time is exactly what I do first. Use the free case analysis on this page, or call me directly at (888) 271-6644. I answer my own phone, 24/7.